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UNITED STATES EX REL. HUNTER v. FOLLETTE

No. 68 Civ. 2597.

307 F.Supp. 1023 (1969)

UNITED STATES of America ex rel. John O. HUNTER, Petitioner, v. Hon. Harold W. FOLLETTE, Warden of Green Haven Prison, Stormville, New York, Respondent.

United States District Court S. D. New York.

March 27, 1969.

Attorney(s) appearing for the Case

Alan David Oshrin, Commack, N. Y., for petitioner.

Louis J. Lefkowitz, Atty. Gen. of State of New York, for respondent; Brenda Soloff, Asst. Atty. Gen., of counsel.

OPINION

FRANKEL, District Judge.

On September 7, 1957, petitioner shot and killed his 17-year old son. He was indicted for (1) murder in the second degree and (2) the carrying and use of a dangerous weapon as a felony. The second charge was dismissed on consent at the close of the prosecution's case, a matter involved in an issue (No. 2) considered below. The jury returned a verdict convicting petitioner of first-degree manslaughter, and he was sentenced...

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